Are there any defenses available for a plaintiff in a plane crash case?

Yes, there are defenses available for a plaintiff in a plane crash case in California. These defenses depend on the specific facts of the crash and the parties involved. Generally, a person may be able to defend against a claim in a plane crash lawsuit if they can show that the crash was caused by an act of God or an unavoidable accident. In some cases, the party who caused the crash may be able to establish that they were not at fault because it was another party’s negligence or unsafe operations that were the cause of the crash. In a plane crash case, the victim may also be able to assert a defense of comparative negligence. This means that the plaintiff took part in some risky behavior that caused or contributed to the accident. California is a “pure” comparative negligence state, so a plaintiff can still recover damages even if they are partially at fault for the accident. The courts will assign a percentage of fault to each party, and the plaintiff’s damages will be reduced by that amount. Finally, a defendant may also have the right to assert a statutory defense. This means that they may have a specific legal defense due to the aircraft’s age or the specific circumstance at the time of the crash. For example, an older model aircraft may have an unenforceable warranty or the pilot may be able to claim they had to make a split-second decision in order to avoid grave injury or property damage.

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Are there any defenses available for a plaintiff in a plane crash case?

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